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Defense has had no shortage of witnesses to make its case
SignOnSanDiego ^ | July 14, 2002 | Alex Roth

Posted on 07/15/2002 6:55:50 AM PDT by MizSterious

Defense has had no shortage of witnesses to make its case

By Alex Roth
STAFF WRITER

July 14, 2002


A week ago, Janet Roehr, a neighbor of David Westerfield's, testified at his murder trial about some of his routines, including his occasional habit of parking his motor home in front of his house.

Her testimony lasted 15 to 20 minutes, but what she said wasn't as important as what she did: She smiled at Westerfield.

Roehr was among a parade of defense witnesses who consider themselves friends of Westerfield's and who seem to like him, even as he stands accused of kidnapping and killing 7-year-old neighbor Danielle van Dam, who disappeared from her bedroom in Sabre Springs in February.

At various times during the trial, those witnesses have grinned at Westerfield, winked at him and laughed in his direction. One witness gave the 50-year-old design engineer the thumbs-up sign while leaving the courtroom.

Whatever else Westerfield's attorneys have accomplished so far, they have succeeded to some degree in humanizing their client. Legal experts said the importance of this achievement shouldn't be underestimated in a case in which the jury must decide not only guilt or innocence but also, potentially, whether he deserves the death penalty if convicted.

"They give the picture of Westerfield being a pretty normal middle-aged, middle-class guy," said San Diego defense lawyer Robert Grimes, who has been following the case. "It makes the jury wonder: Could this person really have done this horrible crime?"

During the guilt phase of a trial, rules of evidence place limits on character evidence ? that is, testimony about a defendant's personality. Nonetheless, a jury can get some feel for a defendant by sizing up his friends and evaluating how much those people stick up for him.

Several neighbors, some camping buddies and a female friend Westerfield hung out with at a Poway bar have testified. In large part, they were "people who seem like nice, ordinary citizens," said San Diego lawyer Mike Still, a former prosecutor.

One of the defense's most powerful witnesses was Westerfield's former girlfriend Susan L., who cried while acknowledging she still cares about Westerfield but hadn't seen him since shortly before his February arrest. She dated Westerfield for about three years after his divorce from his second wife. (Her last name is not being published to guard the identity of her daughter, who also testified.)

Her affection for Westerfield seemed genuine, although she admitted on cross-examination that he changed when he drank alcohol, that he once became "forceful" when drunk, and that he once waited outside her house.

In some ways she was a terrific witness for both the defense and the prosecution. For the defense, she made the point that Westerfield is a man who can attract a woman who seems sweet and normal. For the prosecution, she illustrated that Westerfield might have a dark side that goes beyond his alleged habit of collecting child pornography.

In addition to showing the jury that Westerfield has friends who care about him, his legal team has succeeded in raising questions about some of the prosecution's theories in the case, some legal experts say.

For instance:

 Prosecutors say Westerfield engaged in suspicious behavior by embarking on a meandering, two-day journey in his motor home on the weekend Danielle disappeared. He went from Coronado to the Imperial County desert and back again, traveling back roads and getting stuck in the sand twice along the way, he said.

But several defense witnesses testified that within the esoteric subculture of San Diego County motor-home enthusiasts, Westerfield's behavior wasn't necessarily that weird. It's not uncommon to drive back roads as a way of taking in the scenery and avoiding high winds on Interstate 8, they said.

 Prosecutors noted that Westerfield, who is compulsively neat and organized, took off that weekend without putting away his garden hose, which was uncoiled on the lawn. This shows he was in a hurry, they say.

But Westerfield's former girlfriend said it wasn't unusual for him to toss down the hose in the front yard before leaving on a motor-home trip. She also said the motor home got stuck in the sand during several camping trips she took with him.

 Prosecutors called a volunteer who testified that his cadaver-sniffing dog reacted to a side compartment of Westerfield's motor home during a search at a police impound lot.

Under questioning by the defense, he revealed that he never told police about his dog's behavior and that he was much less definitive about his dog's reaction in an e-mail he sent to the dog's breeder several weeks later.

 Prosecutors say child pornography found on computer disks in Westerfield's office prove he has a sexual affinity for young girls.

But a computer expert hired for the defense suggested that at least some of the pornographic images might have been downloaded by Westerfield's 18-year-old son.

Meanwhile, the prosecution ? which has succeeded in presenting a powerful body of forensic evidence linking fibers, blood and hair from the girl to Westerfield's house, motor home and sport utility vehicle ? stumbled once or twice in the past week.

Prosecutor Jeff Dusek leaned on several defense witnesses in a way that might cost him some credibility with the jury, legal observers say. And he may have come across as unnecessarily mean-spirited when confronting witnesses whose testimony conflicted with the prosecution's theory of the case.

"Prosecutors wear the white hat," said Still, the former prosecutor. "Don't beat up on witnesses you don't need to beat up on."

But Dusek had his stellar moments, too. His questioning of the defense's star witnesses ? insect expert David Faulkner ? was one of the most effective, and important, cross-examinations of the entire trial.

On direct examination, Faulkner, an entomologist with the Museum of Natural History, said flies on the girl's body indicated it was dumped at a time when Westerfield was already under 24-hour police surveillance.

But on cross-examination by Dusek, Faulkner appeared to contradict himself, admitting that strange weather patterns in February ? as well as the imprecision of the science ? made it impossible to know precisely how early the flies had infested the girl's body.

At the start of the trial, lead defense attorney Steven Feldman promised that the insect expert's testimony would exonerate Westerfield.

"Science is going to come to Mr. Westerfield's rescue," Feldman told the jury.

But by the time Faulkner left the witness stand, many of the jurors had stopped taking notes. They will be the final arbiters of whether Faulkner's testimony was relevant, and whether it made any sense at all.


Alex Roth: (619) 542-4558;


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; danielle; kidnap; lynchmob; vandam; westerfield
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To: John Jamieson
Sounds likely to me. A little girl who spends hours writing letters TO HER PARENTS, and writing in a personal journal does not sound like a happy child to me. A lonely little girl is quite likely to latch onto a dog as someone who gives unconditional love. A little girl who was not closely watched taking her dog for a walk and exploring a MH seems quite likely.
101 posted on 07/15/2002 1:27:05 PM PDT by Politicalmom
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To: MizSterious
Does anyone recall if there were any signs of binding on the girls body (ie., wrists and/or ankles). Seems to me that if the body were mummified, there would be some remaining sign of binding.

If there were no signs of binding, then DW could not have snatched her out of the VD home, IMO.

102 posted on 07/15/2002 1:27:44 PM PDT by demsux
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To: demsux
The testimony was there were no signs of her being bound.
103 posted on 07/15/2002 1:28:53 PM PDT by Politicalmom
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To: Defiant
The dog BARKED!!! They lied.

sw

104 posted on 07/15/2002 1:29:01 PM PDT by spectre
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To: hergus
OK Hergus...thank you for bringing me back to the fold...I won't do it again...will you forgive?
105 posted on 07/15/2002 1:30:22 PM PDT by FresnoDA
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To: John Jamieson
That would de-flower his immaculate calculation.
106 posted on 07/15/2002 1:32:18 PM PDT by bvw
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To: Politicalmom
Yes, the sadness of this little girl really bothers me. She loved to go to the park, and to walk the dog. The motor home was sometimes at the park. Damon's attitude toward the girl seems to reflect a hatrid of woman. He saw them as sex toys.
107 posted on 07/15/2002 1:35:14 PM PDT by John Jamieson
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To: FresnoDA
Carry on, Fres...

sw

108 posted on 07/15/2002 1:35:28 PM PDT by spectre
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To: John Jamieson
Your reasoning powers are limited, I see.

There will be a lot of disappointed people here when Wester the Molester is found guilty, then condemned to die. Even Feldman knows he did it, despite the irrational belief by some people that because he looks tidy in his goatee, he could not have done it. The guy gave what Feldman described as the equivalent of a confession, for God's sake.

It's one thing to say that our Constitutional rights prevent the statements from coming into evidence. It's another thing entirely to know about that evidence, and continue to openly root for the child murderer to get off. Are you people going to be rooting for Richard Ricci to get off, too, or do you only support Wester because he reminds you of some type of person who you like?

109 posted on 07/15/2002 1:38:14 PM PDT by Defiant
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To: spectre
Hey..that reminds me of Carry on My Wayward Son....by Kansas...time to get busy....JUST KIDDING HERGUS!!!! AHHHH!!!
110 posted on 07/15/2002 1:38:38 PM PDT by FresnoDA
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To: Defiant
You really haven't been following this case, have you? Or do you just hear one side of things?

sw

111 posted on 07/15/2002 1:43:12 PM PDT by spectre
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To: Politicalmom
There is a rumor that the oldest boy has or will testify that Danielle has runaway before. If that's the case, the parents wouldn't have called 911 until they had searched the neighbood, unless they already knew what had really happen to her.
112 posted on 07/15/2002 1:43:19 PM PDT by John Jamieson
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To: spectre
Give up.

Killfile.

: )
113 posted on 07/15/2002 1:44:43 PM PDT by Politicalmom
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To: demsux
A few days ago we posted the relevant portions of the transcripts on that. Although her wrists and hands were still intact, there was no evidence of bruising or broken skin. She was, in all likelihood, not bound. So, she was either killed before she left the house (so how did her fingerprints end up in the motorhome?), or this was no stranger abduction at all--much closer to home than that.

The only other scenario defies credibility--that she rode around in the mh unbound and free to gesture out the windows at passing cars, run away when the door opened, and so on. Some have speculated that she was so docile that she did his bidding--but she was a vibrant little child, full of energy and life--no way can I picture this. She would have had to have been restrained in some way. But it wasn't with ropes, tape or wires, or her skin would have told the tale--and the prosecution would have made a very big deal of that.

114 posted on 07/15/2002 1:45:18 PM PDT by MizSterious
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To: Defiant
"Even Feldman knows he did it"

Ri-i-ght. How's that peyote doing? Let us know when your know-it-all spirit returns to your body, oh visionary one.

115 posted on 07/15/2002 1:49:02 PM PDT by bvw
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To: Politicalmom
Gotchcha! Will do...sw
116 posted on 07/15/2002 1:49:18 PM PDT by spectre
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To: bvw
read 113...:~)

sw

117 posted on 07/15/2002 1:50:22 PM PDT by spectre
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To: Defiant
"Your reasoning powers are limited, I see."

Yeah, probably so:

Aeronautics and Astronautics degree from MIT in 67 (SB, finished in 2d quartile, in 39 months total).

NASA KSC 67 to retirement in 94 (about a 100 manned launches)

Founded the KSC Artificial Intelligence Lab in 1986.

(also raised 10 kids and have 7 grandkids including two lovely 7 year girls)

Your reasoning powers are probably a lot greater than mine!
118 posted on 07/15/2002 1:52:09 PM PDT by John Jamieson
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To: John Jamieson
BWAHAHAHAHA!!!! : )
119 posted on 07/15/2002 1:53:10 PM PDT by Politicalmom
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To: John Jamieson
Oh, thank you, JJ, for the perfect reply to such utter nonsense!
120 posted on 07/15/2002 1:54:58 PM PDT by MizSterious
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